Kennedy Street near Lake Street: officers called about a man acting erratically shot him after he came outside with what turned out to be a replica gun
MADERA, CALIFORNIA (September 27, 2026): Samuel Santiago Daniel, 26, was shot and killed by two Madera police officers on Sunday, September 27, outside a home on Kennedy Street near Lake Street, according to the Madera Police Department, as reported by ABC30. Police said investigators later determined that the object Daniel was holding was a replica firearm. The California Department of Justice is investigating the shooting under Assembly Bill 1506, the state law that covers police shootings that kill an unarmed civilian.
Madera Police Chief Giachino Chiaramonte told ABC30 that at least three officers responded to a call about a man acting erratically inside the home. In its first report, ABC30 said the man was described as flooding and damaging the house. When officers arrived, Daniel had locked himself in a room, and the family members inside were able to get out safely. The chief said officers determined that no major crime had happened and that their goal was to disengage.
As officers were getting ready to leave, the chief said, Daniel came out of the home and presented what appeared to be a firearm. Two officers opened fire, and Daniel died at the scene even though medical aid was given right away. The Department of Justice said the shooting happened at about 12:45 p.m. This account comes from the department and has not yet been independently reviewed, and no body camera video has been released. Police also said a later search warrant found drugs in Daniel’s bedroom.
The two officers who fired have been placed on administrative leave, and no officers were hurt, according to ABC30. The Madera County Sheriff’s Office took over the local investigation, and the state Department of Justice’s California Police Shooting Investigation Team is conducting the independent AB 1506 review. Anyone with information can contact the Madera County Sheriff’s Office.
Liability for the Madera Police Shooting
California Penal Code § 835a allows officers to use deadly force only when they reasonably believe, based on the totality of the circumstances, that it is necessary to defend against an imminent threat of death or serious bodily injury. Federal civil rights claims under 42 U.S.C. § 1983 apply the Fourth Amendment’s reasonableness standard, and in Hayes v. County of San Diego (2013) the California Supreme Court held that officers’ tactical conduct before a shooting can also be considered. Based on what has been released so far, the questions typically include:
- Disengagement and tactics: The chief said officers had concluded no major crime occurred and were preparing to leave. Where officers stood and what options they had when Daniel came outside are central questions under Hayes.
- The replica firearm: Investigators later determined the object was a replica. Courts generally look at what officers reasonably perceived in the moment, which makes distance, lighting and any warnings given especially important.
- Mental health response: The call involved a man acting erratically inside his home. Whether crisis-trained officers or mental health resources were requested before or during the response is often reviewed.
- Body camera evidence: California generally requires agencies to release video of critical incidents such as this one within 45 days, with limited exceptions. That footage usually shows the commands given and the timing of the shots.
California’s Bane Act, Civil Code § 52.1, can also provide a state law claim when force interferes with constitutional rights through threats, intimidation or coercion. The Department of Justice’s findings will eventually be made public, but a civil claim does not depend on criminal charges against any officer, and the two processes move on separate tracks.
Steps to Take After a Madera Police Shooting
The California Department of Justice investigates every police shooting in the state that kills an unarmed civilian, and it publishes a report at the end of its review, which can take many months. Families do not need to wait for that report to protect evidence and their legal deadlines.
- Request records: Ask the Madera Police Department and the Madera County Sheriff’s Office for incident reports, and follow the release of body camera video under state law.
- Preserve the 911 call: The original call about a man acting erratically, along with dispatch audio, can show what officers were told before they arrived. Ask in writing that it be preserved.
- Gather witness information: Neighbors on Kennedy Street and family members who were present may have seen or recorded what happened. Write down names and keep any phone video.
- Request the autopsy: Ask the Madera County Sheriff-Coroner for the autopsy report, which will document the number and location of the wounds.
A government claim against a city generally must be filed within six months under Government Code § 911.2 for many state law claims. Federal civil rights and wrongful death claims are generally subject to the two-year period in Code of Civil Procedure § 335.1. Contact an attorney promptly to protect your rights.
Investigating the Madera Police Shooting
We at Carrazco Law, A.P.C. extend our deepest condolences to the family and friends of Samuel Santiago Daniel. Important questions remain: After deciding to disengage, what did officers see and say in the seconds after Daniel stepped outside the home on Kennedy Street? And what will body camera video show about the distance, lighting and warnings before the two officers fired?
If you or a loved one has been affected by a police or deputy shooting anywhere in California, our civil rights attorneys can help you understand your rights and legal options. Call us anytime at (800) 541-3244. Se Habla Español. Free consultation.
Published on October 1, 2026 by M.M., Carrazco Law, A.P.C. The incident described in this article occurred on September 27, 2026.
